IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100018396 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his Bronze Star Medal with "V" Device and the Combat Infantryman Badge be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states he had not noticed the clerical errors that omitted his Bronze Star Medal with "V" Device and the Combat Infantryman Badge from his DD Form 214. 

3.  The applicant provides copies of his DD Form 214 and orders for the Bronze Star Medal with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant served on active duty from 6 May 1969 through 5 May 1971 in the military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters U. S. Army Training Center Special Orders Number 204, dated 22 August 1969, awarded the applicant Marksman Marksmanship Qualification Badge with Machinegun Bar.

4.  Americal Division Special Orders Number 9, dated 9 January 1970, awarded the applicant the Combat Infantryman Badge.

5.  Americal Division General Orders Number 3804, dated 12 April 1970, awarded the applicant the Bronze Star Medal with "V" Device for his actions on 6 February 1970.

6.  Americal Division General Orders Number 6318, dated 17 June 1970, awarded the applicant the Air Medal.

7.  Americal Division General Orders Number 7347, dated 26 June 1970, awarded the applicant the Air Medal with "V" Device (2nd award)

8.  Americal Division General Orders Number 11557, dated 29 August 1970, awarded the applicant the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious service.

9.  His DD Form 214, at item 24 (Decoration Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), lists his awards as the National Defense Service Medal, Bronze Star Medal with one Oak Leaf Cluster, Army Commendation Medal, Air Medal with "V" Device, Good Conduct Medal (1st award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

10.  The DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  the applicant served in Vietnam from 17 October 1969 through 4 October 1970 with assignment to:

		(1)  23rd Administrative Replacement Detachment from 1 through 27 October 1969; 

		(2)  Company B, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade from 28 October 1969 through 25 May 1970; 
		(3)  Headquarters and Headquarters Company, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade from 25 May 1970 through 20 July 1970; and

		(4)  Company B, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade from 21 July 1970 through 4 October 1970;

	b.  the applicant's authorized awards are shown as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal with "V" Device, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with first Oak Leaf Cluster, Army Commendation Medal, Air Medal, Air Medal with "V" Device, Good Conduct Medal (1st award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that the 2nd Battalion, 1st Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to it.  

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that all awards and decorations for all periods of service are to be listed in the priority sequence and abbreviations are not to be used.

13.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  appurtenances are devices affixed to service or suspension ribbons or worn instead of medals or ribbons.  They are worn to denote additional awards, participation in a specific event, or other distinguished characteristics of the award:

		(1)  the "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy; 

		(2)  an Oak Leaf Cluster is worn to denote award of second and succeeding awards of decorations including the Bronze Star Medal; 

		(3)  numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal; and 

	b.   a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods:  the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he had not noticed the clerical errors that omitted his Combat Infantryman Badge and Bronze Star Medal with "V" Device from his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant was awarded the Bronze Star Medal with "V" Device on 12 April 1970 and a Bronze Star Medal with 1st Oak Leaf Cluster on 29 August 1970.  Both awards are included on his DA 20; however, the DD Form 214 does not include the "V" Device.  This error should be corrected and the correct entry should be the Bronze Star Medal with "V" Device and one Oak Leaf Cluster. 

3.  The applicant was awarded the Air Medal on 17 June 1970 and the Air Medal with "V" Device (2nd award) on 26 June 1970.  Both awards are included on his DA 20; however, the DD Form 214 shows only the Air Medal with "V" Device.  This error should be corrected and the correct entry should be the Air Medal with "V" Device and Numeral 2.

4.  The applicant served in Vietnam during four campaign periods.  He is authorized to wear four bronze service stars on his Vietnam Service Medal not the two currently shown on the DD Form 214.  This error should be corrected. 

5.  The applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award is not included on the DD Form 214 and this error should be corrected.

6.  The applicant was awarded the Combat Infantryman Badge on 9 January 1970.  This award is not included on the DD Form 214 and this error should be corrected.

7.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar on 22 August 1969.  This award is not included on the DD Form 214 and this error should be corrected.

8.  Due to the number of corrections required to items currently shown at item 24 on the DD Form 214 and the fact that the awards are not in priority sequence, it would be appropriate to delete the entire entry and replace it with:

"Bronze Star Medal with "V" Device and one Oak Leaf Cluster// Air Medal with "V" Device and Numeral 2// Army Commendation Medal, Army Good Conduct Medal// National Defense Service Medal// Vietnam Service Medal with four bronze service stars// Republic of Vietnam Campaign Medal with Device (1960)// Republic of Vietnam Gallantry Cross with Palm Unit Citation// Combat Infantryman Badge//Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)// Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun Bars// Nothing Follows"

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry at item 24 on the DD Form 214 and replacing it with:

"Bronze Star Medal with "V" Device and one Oak Leaf Cluster// Air Medal with "V" Device and Numeral 2// Army Commendation Medal, Army Good Conduct Medal// National Defense Service Medal// Vietnam Service Medal with four bronze service stars// Republic of Vietnam Campaign Medal with Device (1960)// Republic of Vietnam Gallantry Cross with Palm Unit Citation// Combat Infantryman Badge//Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)// Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars// Nothing Follows"



      ______________X_______________
                   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100018396



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ABCMR Record of Proceedings (cont)                                         AR20100018396



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